BP BHEAD INT H [atlas:bill]

AN ACT Relating to the provision of telecommunication facilities and services by public utility districts; adding a new section to chapter 54.16 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) Access to modern telecommunication facilities and services is essential to the economic and educational well-being of all persons and entities, in both rural and urban areas.

(2) Many persons and entities, particularly in rural areas, do not have adequate access to modern telecommunication facilities and services.

(3) Public utility districts are well-positioned to provide modern telecommunication facilities and services in a cost-effective manner, particularly in rural areas, because of existing rights-of-ways, infrastructure ownership, experience delivering utility services, and economies of scale achieved by fully utilizing utility telecommunication systems.

(4) Provision of telecommunication facilities and services by public utility districts will stimulate competition among telecommunication providers, to the benefit of all telecommunication consumers and users.

(5) Economic development and educational opportunities, particularly in rural areas, will be increased by public utility districts providing cost-effective telecommunication facilities and services, thus reducing the economic and educational disparity between rural and urban areas.

NEW SECTION. Sec. 2. A new section is added to chapter 54.16 RCW to read as follows:

(1) A public utility district may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, alter, improve, repair, operate, and maintain any telecommunication facilities and related equipment, within or without the district's limits, with capacity sufficient not only for its own use, but also for use by any other person or entity, whether public or private, within or without the district's limits, for any purpose, without limitation as to quantity or capacity, with full and exclusive authority to regulate and control the use and price thereof, free from the jurisdiction and control of the utilities and transportation commission. A public utility district has full discretion to classify the uses and availability of such facilities and equipment on any reasonable ground and the rates charged shall be uniform for the same class of customers. Any person or entity seeking to sell telecommunication services shall, for such purpose, have reasonable and nondiscriminatory access to a public utility district's telecommunication facilities, at rates set by the district, provided that such a person or entity shall allow the district equivalent access to the telecommunication facilities of such a person or entity. No telecommunication facilities owned by any other person or entity shall be acquired by a public utility district through the power of eminent domain.

(2) A public utility district may sell, lease, license, handle, finance, and provide any telecommunication services and related equipment, including but not limited to internet, television, videoconferencing, multimedia transmissions, security monitoring, and other products, to any person or entity, whether public or private, within or without the district's limits, for any purpose, without limitation as to quantity or capacity, with full and exclusive authority to regulate and control the price thereof, free from the jurisdiction and control of the utilities and transportation commission. However, a majority of the voters of the district voting, or a majority of the voters of a defined portion of the district voting if the telecommunication services are to be provided to only that portion of the district, shall first approve a ballot proposition authorizing the district to provide telecommunication services.

(3) The commission of a public utility district by resolution may submit to the voters of the district, or the voters of a defined portion of the district if the telecommunication services are to be provided to only that portion of the district, for their approval or rejection the proposal that the public utility district be authorized to exercise the powers set forth in subsection (2) of this section. The legislative authority of the county in which the public utility district is located, upon receipt of the resolution of the public utility district commission, shall submit such a proposal to the voters of the district, or the voters of a defined portion of a district as provided in this section, at the next general election in substantially the following terms:

Shall Public Utility District No. . . . . of . . . . . . . . .

County be authorized to sell and provide telecommunication services?

Yes . . .

No . . .

Within ten days after such an election, the election board of the county shall canvass the returns, and if at such an election a majority of voters voting on the proposition shall vote in favor of such authority, the district shall have the powers set forth in subsection (2) of this section.

(4) Except as otherwise specifically provided, in carrying out the powers authorized under this section, a public utility district may exercise any of the powers granted to it with respect to electrical energy, water, and sewage under this title and other applicable law.

(5) Nothing contained in this section shall diminish, change, or alter the existing authority of public utility districts.